Fly to other state for Christmas while wife K1 visa expired

[geowrian 22,335]

While certainly not common to have an issue, there are federal agents at airports and they can check immigration status. While it's not the worst thing to not have them on you (they can't just deport you, and you have authorized stay due to a pending AOS even if you aren't carrying proof on you as required), it can certainly cause some unexpected delays and a bad time while you get things sorted out.

[bbf3562 27]

Does that happen to people who been pull out during security checkpoint for questions of their immigrant status but they waited too long for question or to finish it and then they missed their flight? If that happened do they demand them to rebook next flight available at no charge? I asked this question because I know there will be so many people flying for Christmas and the TSA and security will be so busy.

Edited November 9, 2017 by bbf3562

[geowrian 22,335]

26 minutes ago, K1_Journey said:

As stated by others the K1 visa expires at the moment you enter the US and get your passport stamped by airport immigration, at that point your visa is expired but you are still in the US legally unless you do not get married within 90 days. This should be all that is needed, I really dont believe you need AOS NOA1, reason being is because the rules state that once married within 90 days you must file AOS however there is no time limit to file mentioned anywhere thus making you in the US legally even though you technically have no status.

If you don't file for AOS within the 90 days, then you are overstaying just like anybody else that stays past their I-94. You would be accumulating unlawful presence and are technically deportable. It's unlikely they would actually pursue this since removal is a lengthy process and the problem would be solved via a simple I-485 filing. But you certainly are not in the US legally after 90 days and before you file for AOS.

 

Once you file for AOS, you have authorized stay in the US. It's still not a legal status, but you are covered from removal based solely on your presence in the US (and unlawful presence is not accumulating in the meantime). The NOA1 is evidence of your legal presence.

Edited November 9, 2017 by geowrian

[GreatDane 366]

49 minutes ago, K1_Journey said:

As stated by others the K1 visa expires at the moment you enter the US and get your passport stamped by airport immigration, at that point your visa is expired but you are still in the US legally unless you do not get married within 90 days. This should be all that is needed, I really dont believe you need AOS NOA1, reason being is because the rules state that once married within 90 days you must file AOS however there is no time limit to file mentioned anywhere thus making you in the US legally even though you technically have no status.

 

If you enter the US with a K1 visa and whether the foreign national marries or not within 90 days, his or her legal status in the US will expire after 90 days. There are no extensions. AOS should be filed before the end of the foreign national's 90-day period of stay so as to avoid any accrual of unlawful presence. 

That being said, a person who enters on a K1 and marries the USC petitioner fiancee within 90 days will be allowed to file AOS outside of the 90 day period and receive overstay forgiveness. If they leave the country before AOS is complete, they can be banned or if noticed by immigration officials (super unlikely), be subject to deportation. 

[NYCruiser 423]

On 11/8/2017 at 1:02 PM, bbf3562 said:

Me and my wife are planning to visit my parent in Texas from Michigan this Christmas. On her Peru passport, her K1 visa expired this week and we got married last August and already filed and in process for green card. My question is that is it safe for my wife to fly to other state while her K1 visa expired? Is her Peru passport acceptable? If yes then is there anything she need to take with like State ID, Notification letter of proof that she filed for AOS, etc?

Hello, the K1 visa on your entry is replaced with a CPB Stanp with the K1 notation and expiration. The AOS allows your spouse to be here. I could either carry a copy of the NOA1 and the Marriage Certificate or scan/photograph same and have in your phone photos/email. Only her Peru Passport is ok for travel with TSA. It is fine

[Ebunoluwa 6,136]

Some people try to argue over what to carry rather than take the advice of those who were pulled out of line and had the experience. SMH.
 

[Ebunoluwa 6,136]

1 minute ago, K1_Journey said:

Ebunoluwa, this guy geowrian has been following me around for the past few days like a troll quoting me on every post I comment on in attempt to shoot down or disclaim everything I state. Obviously has no life.

I have been on these boards since 2006 (different user name due to a little break and absence and different email account).
I respect Geowrian and have not seen incorrect advice from him and he is very helpful and kind, yet to the point even when he sees
incorrect advice. Don't take it personal.
The rhythmn of VJ is to correct comments when people misunderstand and post incorrect information.

It is better to carry the NOA1 rather than rest on your interpretation of USCIS regulation. Regulations leave you living on the edge, much
better to have proof that you filed for AOS or you stand the chance that they will really delay you and you miss your plane while verifying your status.
The burden of proof is on the immigrant and quoting regulations will not be evidence nor help in this case but a quick look at the MC and NOA1 will.
There have been people detained on the border with Mexico who did not file (but married) within 90 days.
This happened on a bus traveling.

If you file late then any "overstay"  will be forgiven and is a non issue but as others have said you have no proof of being here legally even
with a marriage certificate. It is a grey area and many border patrol agents interpret it differently as well so why take the chance.
Border patrol and immigration officers are present at some (not all) domestic flight lines as you move forward to your connecting flight.
We were simply standing with about 70 people in line to catch a domestic connection out of Dallas, TX. The 'pulling out' was random.
The papers were shown.
We made the connection flight.
Officer to my husband: Are you a USC ?
Husband : No.
Officer : Well then show me your papers that you are here legally.

State ID or DL and
MC and
NOA1 and
Passport with expired K1 visa.

 

[GreatDane 366]

37 minutes ago, K1_Journey said:

 

This is totally not true! Nowhere does it say you must file AOS before the 90 days, you have it mixed up, it states you must marry within 90 days then after marriage you must file AOS nowhere does it say a time limit to file, and NO you are not in the US illegal after 90 days if you have married within the 90 days! If you marry within 90 days then you are at that point still legal to stay in the US while you prepare and file AOS you simply have "no status" till your permanent resident card is issued. If what you say were true, and its not, then every K1 holder in the US would be illegal and subject to deportation during the 1 year it takes to process an AOS. Show me ONE official government link where is says you must file AOS within the 90 days of arrival, or even where it states a specific time limit required to file AOS, or where it says if you marry within 90 days you are illegal after the 90 days till you file AOS or receive green card.

I really can't find an official source that states either way - just lawyers who agree with what I posted and to me, it makes sense. You enter as a K1 and are eligible for AOS but if you don't file it counts as an overstay as you technically don't have a status to let you live/work in the US. If during this time you get detained, then you'd have issues. If you file AOS, the overstay will be forgiven as a spouse of a USC. It seems pretty risky? It's interesting to know there's a gap.

[geowrian 22,335]

52 minutes ago, K1_Journey said:

This is totally not true! Nowhere does it say you must file AOS before the 90 days, you have it mixed up, it states you must marry within 90 days then after marriage you must file AOS nowhere does it say a time limit to file, and NO you are not in the US illegal after 90 days if you have married within the 90 days! If you marry within 90 days then you are at that point still legal to stay in the US while you prepare and file AOS you simply have "no status" till your permanent resident card is issued.

You're right - nowhere does it say you must file for AOS within 90 days. However, nobody was saying that was untrue. You can file years later.

 

The issue is after the 90 days. I don't even know where to point you, sorry. I cannot disprove the existence of something that doesn't exist. You are not permitted to stay past the date in your I-94 without either 1) legal status, or 2) authorized stay. This goes for any alien regardless of what status they entered the country with. Instead, I will request that you show me what says you are permitted to stay after 90 days without filing for AOS. Sure, you can file for AOS at any point and then get granted authorized stay, but that's very different than having lawful presence before filing for AOS.

 

That said, I will ask you what do you think happens if you 1) enter on a K-1, 2) marry within 90 days, 3) don't file AOS and stay in the US for a year, and 4) leave the US.

Because I can tell you that said person would have accrued over 180 days of unlawful presence and therefore have at least a 3 year bar. That has happened in a number of cases here on VJ. If said person filed for AOS before 180 days of unlawful presence, then they would have no ban even if they left after the 180 days passed. I can show you where in the AFM where it lists who is legally present in the US and who is not legally present in the US.

 

52 minutes ago, K1_Journey said:

If what you say were true, and its not, then every K1 holder in the US would be illegal and subject to deportation during the 1 year it takes to process an AOS. Show me ONE official government link where is says you must file AOS within the 90 days of arrival, or even where it states a specific time limit required to file AOS, or where it says if you marry within 90 days you are illegal after the 90 days till you file AOS or receive green card.

Not at all. I'll repeat what I said before....I'm not sure how to make this more clear. Once you file for AOS (within 90 days or not), you are not subject to deportation.

"Once you file for AOS, you have authorized stay in the US. It's still not a legal status, but you are covered from removal based solely on your presence in the US (and unlawful presence is not accumulating in the meantime). The NOA1 is evidence of your legal presence."

Edited November 9, 2017 by geowrian

[geowrian 22,335]

38 minutes ago, K1_Journey said:

Ebunoluwa, this guy geowrian has been following me around for the past few days like a troll quoting me on every post I comment on in attempt to shoot down or disclaim everything I state. Obviously has no life.

Not sure where you get that I'm following you around...? I post regularly here so there's bound to be overlaps. I will respond to the inaccurate information being presented and correct it.

No life? Maybe. But at least the info is correct and I post direct sources backing my response as necessary. I encourage you to reread any response I made to you and learn from it.

When in a ditch, it's best to put down the shovel.

[geowrian 22,335]

FYI...I will refer to this pinned thread: